Environment and Social Safeguards Monitoring Report Bi-annual Report (July - December 2018)
Project Identification Number: P159683
IDA Credit No. 5946-BD
Project Management Unit (PMU)
Local Governance Support Project-3 Local Government Division
December 2018
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Table of Contents
Executive Summary .................................................................................................................. 6
Chapter-1: Introduction ........................................................................................................ 10
1.1 Purpose of the Report ............................................................................................................ 10
1.2 Project Background and Approach ....................................................................................... 10
1.3 Objective of LGSP-3 ............................................................................................................. 11
1.4 Scheme Description and Updates ......................................................................................... 11
1.5 Project ESMF: Regulatory and Policy Compliance Requirements ....................................... 12
1.6 Objectives and Scope of the Safeguards Compliance Review .............................................. 13
1.7 The Environment and Social Safeguard Monitoring Team .................................................. 14
Chapter-2: Policy Framework .............................................................................................. 15
2.1 National Environmental Laws and Regulations .......................................................................... 15
Environmental Policy 1992........................................................................................................... 15
Environment Conservation Rules (ECR) 1997 amended 2003..................................................... 15
Public Procurement Rule (PPR), 2008 .......................................................................................... 17
National Land-use Policy, 2001 .................................................................................................... 18
GOB Laws on Land Acquisition................................................................................................... 18
Bangladesh National Building Code, 1993 ................................................................................... 19
2.2 World Bank Safeguard Policies .................................................................................................. 20
OP/BP 4.01 Environmental Assessment ....................................................................................... 20
OP/BP 4.04 Natural Habitats ........................................................................................................ 20
OP/BP 4.11 Physical Cultural Resources ..................................................................................... 21
2.3 Implications of National Policies and Regulations on LGSP-3 .................................................. 21
2.5 LGSP Operation Manual ....................................................................................................... 22
Chapter 3 Environmental and Social Safeguards Monitoring ............................................ 23
3.1 Institutional Arrangement and Responsible Bodies .............................................................. 23
3.2 Environmental and Social Safeguard as per Operation Manual ........................................... 23
3.2.1 Schemes Types and Categories ..................................................................................... 23
3.3 Environmental Screening of Schemes .................................................................................. 24
3.4 Analysis of Alternatives ........................................................................................................ 25
3.5 Need for Further Environmental Assessment ............................................................................. 25
3.6 Mitigation and Enhancement Measures ................................................................................ 26
3.7 Environmental Management Plan (EMP) ............................................................................. 26
3.8 Environmental Code of Practice (ECoP) .............................................................................. 27
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3.9 Different Committees in the Process of Scheme Selection ................................................... 27
3.9.1 Ward Committee (WC) ................................................................................................. 27
3.9.2 Scheme Supervision Committee (SSC) ........................................................................ 27
3.9.3 Environmental and Social Screening ............................................................................ 28
3.9.4 Outcomes from the Environmental and Social Screening ............................................ 29
3.10 Summary of Mitigation Measures and Costs ........................................................................ 30
3.11 Training and Awareness Activities ...................................................................................... 30
Chapter-4 Environmental and Social Safeguard Status ..................................................... 31
4.1 Monitoring the Environment and Social Safeguard status .................................................... 31
4.2 The Safeguard Status as per District level reports. ............................................................... 31
4.3 The Safeguard Status as per Audit Firms Report. ................................................................. 32
4.4 The Safeguard issues monitored by PMU ............................................................................. 32
4.5 Grievance Redress Mechanism (GRM) Status ..................................................................... 32
4.6 Scheme Impacts on Local Environment .............................................................................. 32
4.7 Capacity Building for Managing Safeguard Issues ............................................................... 33
4.8 Capacity Building Programs under LGSP ............................................................................ 34
Chapter 5. CONCLUSIONS AND RECOMMENDATIONS ............................................ 35
5.1 Comments and Conclusions .................................................................................................. 35
5.2 Recommendations ................................................................................................................. 35
Annexure-I .............................................................................................................................. 36
Annex-1 Capacity Building Materials on Environment and Social Safeguard ............................ 37
Annex-2 GRM Handout ................................................................................................................... 45
Annex-3 Some Interventions in the UP level ............................................................................... 51
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ABBREVIATIONS AND ACRONYMES
BARD Bangladesh Academy for Rural Development
BBG Basic Block Grant
BGCC Block Grant Coordination Committee
CHT Chittagong Hill Tracts
DC Deputy Commissioner
DCC District Coordination Committee
DDLG Deputy Director, Local Government
DF District Facilitator
DOE Department of Environment
DPD Deputy Project Director
DPHE Department of Public Health Engineering
EMP Environmental Management Plan
EMIS Environmental Management Information System
ESMF Environmental and Social Management Framework
FGD Focus Group Discussion
HFL Highest Flood level
SEC Special Environmental Clause
GoB Government of Bangladesh
GRC Grievance Redress Committee
GRM Grievance Redress Mechanism
IDA International Development Association
IEC Information, Education and Communication
IEE Initial Environmental Examination
IP Indigenous People
IPP Indigenous Peoples Plan
LGD Local Government Division
LGED Local Government Engineering Department
LGSP Local Governance Support Project
LGSP-II Second Local Governance Support Project
LGSP-3 Local Governance Support Project-Phase-3
M&E Monitoring & Evaluation
MGSP Municipal Governance and Support Project
MIS Management Information System
MLGRD&C Ministry of Local Government, Rural Development and
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MoU Memorandum of Understanding
NILG National Institute of Local Government
NPD National Project Director
OM Operational Manual
OHS Occupational Health and Safety
OP Operational Policy
OP 4.01 Environmental Assessment
PS Pourashava
RDA Rural Development Academy
SEC Special Environmental Clauses
SSC Scheme Supervision Committee
UDD Urban Development Directorate
UNCDF United Nations Capital Development Fund
UNDP United Nations Development Programme
UNO Upazila Nirbahi Officer
UP Union Parishad
URT Upazila Resource Team
UZP Upazila Parishad
WB World Bank
WC Ward Committee
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Executive Summary
Introduction
IDA Credit No. 5946-BD, the Local Governance Support Project (LGSP-3), and
commencement period ranges from 2017 to 2021. The present report is the Bi-annual
Safeguard Monitoring Report under the credit. The “World Bank Policy on Access to
Information” (BP 17.5) references the World Bank's Environmental Safeguard Policy
Statement (ESPS 2009) in respect to information disclosure related to project safeguard
documentation, Project Appraisal Document (PAD) and as per recommendations made by the
Implementation Support Mission, during October 201o8, Aide Memoire that the Project
Management Unit (PMU) of LGSP-3 will finalize the 'Bi-annual Environmental Report' and
will submit to the World Bank. The Union Parishad (UP) is the lowest government
administrative tier in Bangladesh responsible for the rural local governance. The Local
Government Division (LGD) of the Ministry of Local Government, Rural Development
and Cooperatives (MLGRD&C) conducted a number of pilot projects to explore the
initiatives on fiscal devolution and reforms of local government system with dynamic
community participation. Local Governance Support Project (LGSP-3) is the follow up
project of LGSP-II is implementing by the Local Government Division (LGD) under the
Ministry of LGRD&C to enhance the sustainability of the formula-based UP fiscal transfer
system. LGSP-3 has been designed for all UPs in Bangladesh. The project is from 2017 to
2021 (five years) and funded jointly by the Government of Bangladesh and the World Bank
(WB). The project development objective is to enhance the sustainability of the formula-
based UP fiscal transfer system. The main component of LGSP-3 is “Institutionalization of
UP Fiscal Transfers” out of 4 (four) components and will be implemented in all UPs of
Bangladesh by providing Basic Block Grants (BBGs). On the basis of the decisions of Block
Grant Coordination Committee (BGCC) meeting presided by concern UNO, the allocated
funds from LGSP-3 have been utilized through development schemes. The list of
schemes/revised schemes have been reviewed in the meeting, which had scrutinized and
recommended by the WC and approved by the UP. On the basis of indicators set in the OM,
the UP performed. The WC met in a meeting for scheme preparation and prepared schemes
implementation plan. Under plan and review process before approval the WC screened the
social and environmental compliance issues for the scheme.
The project development objective is to institutionalize the formula-based UP fiscal transfer
system and introduce Expanded Block Grants (EBG) to Pourashavas on a pilot basis. The
components are: (a) Institutionalization of UP Fiscal Transfers; (b) Audit & Performance
Assessments and Management Information Systems (MIS); (c) Piloting Expanded Block
Grants (EBGs) to Pourashavas; and (d) Capacity Building and Project Implementation
Support.
Policy Framework
The proposed LGSP-3 will be implemented in compliance with applicable existing
environmental laws and regulations. Bangladesh has an environmental legal framework that
is conducive to both environmental protection and natural resources conservation. A wide
range of cross sectoral environment and social related laws and regulations are in place in
7
Bangladesh and few of those may apply to activities supported by the LGSP-3, institutional
arrangement and national and sub-national level, and World Bank safeguard policies.
• National Environmental Laws and Regulations
• Environmental Policy 1992
• Environment Conservation Rules (ECR) 1997 amended 2003
• Environment Conservation Rules-1997
• Public Procurement Rule (PPR), 2008
• National Land-use Policy, 2001
• Bangladesh National Building Code, 1993
• World Bank Safeguard Policies
• OP/BP 4.01 Environmental Assessment
• OP/BP 4.04 Natural Habitats
• OP/BP 4.11 Physical Cultural Resources
Environmental and Social Safeguards Monitoring
The Project Director is the head of PMU responsible to ensure environmental and social
management framework in implementing schemes through UPs by utilizing LGSP-3 funds.
The Deputy Project Directors (Administration & Finance and Field Operation) and APD are
assisting the PD in the process. The Safeguard specialist will coordinate the activities from
PMU by the instruction of DPD and PD. The Deputy Director, Local Government (DDLG) of
each District coordinates the activities of UPs under the District by the assistance of District
Facilitator (DF). The UNO/TNO is supervising the activities of UPs under his/her
Upazila/Thana. And at the UP level Chairman is responsible to implement the schemes and
ensure required safeguards. The District Coordination Committee headed by DC coordinating
the development activities of UPs. The Block Grant Coordination Committee (BGCC) at
Upazila also monitoring the activities. At the UP level, Ward Committee (WC), Scheme
Supervision Committee (SSC) is engaged in screening the proposal of schemes in line with
ESMF. The environmental and social framework (ESMF) has been prepared based on
experiences shared with the UPs and PSs throughout the country, and consultation with all
level of stakeholders. The environmental assessment of the Schemes to be implemented
under LGSP-3 needs to be carried out following the provisions of the Environment
Conservation Rules 1997 (GoB, 1997), and the relevant World Bank Operational Policies
(e.g. OP 4.01 Environmental Assessment). The environmental assessment requirements under
these provisions vary significantly depending on the category of the Schemes.
Environmental Screening of Schemes
For proper environmental assessment, it is important that a Scheme is clearly defined by the
project proponent (i.e. UPs and PSs). The key information required for describing a particular
Scheme would vary depending on the type of Scheme. The location map of the proposed
Scheme should cover the entire physical extent of the Scheme and its surrounding areas; the
location of larger Schemes could be identified on the map of the PS and UP (if possible). All
the Schemes to be funded under LGSP-3 will be subject to an environmental screening in
order to prevent execution of projects with significant adverse environmental impacts. The
purpose of “environmental screening” is to get a preliminary idea about the degree and extent
potential environmental impacts of a particular Scheme, which would subsequently be used
to assess the need for further environmental assessment. In view of these objectives,
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environmental and social assessment and mitigation of adverse impacts will be an integral
part of selection, design, implementation, and monitoring of the individual schemes. The
following principles will apply in the Scheme selection and implementation process:
Mitigation and Enhancement Measures
During construction phase, the overall impact assessment of the proposed Schemes to be
implemented at the UPs and PSs reveals that most of the adverse impacts could be minimized
or eliminated by adopting standard mitigation measures; there is also scope to enhance some
of the beneficial impacts to be generated from the proposed Schemes. During the operational
phase, the UP/PS (mainly the PSs) will be responsible for the operation and maintenance of
the infrastructure to be developed under the LGSP-3. Apart from regular operation and
maintenance, a number of issues would require special attention for reducing/avoiding
possible adverse environmental impacts. These include regular maintenance and management
of storm drains, and proper operation of fish landing sites to reduce risk of water pollution;
and proper operation and management of municipal/agro-processing facilities/cattle
market/slaughter house because of their potential implications on health and environment.
The primary objective of the environmental management plan (EMP) is to record
environmental impacts resulting from the Scheme activities and to ensure implementation of
the identified “mitigation measures”, in order to reduce adverse impacts and enhance positive
impacts. Besides, it would also address any unexpected or unforeseen environmental impacts
that may arise during construction and operational phases of the Schemes. The EMP should
clearly lay out: (a) the measures to be taken during both construction and operation phases of
a Scheme to eliminate or offset adverse environmental impacts, or reduce them to acceptable
levels; (b) the actions needed to implement these measures; and (c) a monitoring plan to
assess the effectiveness of the mitigation measures employed. The environmental
management program should be carried out as an integrated part of the project planning and
execution in case of Pourashava. It must not be seen merely as an activity limited to
monitoring and regulating activities against a pre-determined checklist of required actions.
Rather it must interact dynamically as a Scheme implementation proceeds, dealing flexibly
with environmental impacts, both expected and unexpected. For all Schemes to be
implemented under LGSP-3, the EMP should be a part of the Contract Document (especially
in the Pourashava level). The major components of the EMP include:
Environmental and Social Safeguard Status
Arrangement has been made to monitor the environment and social safeguard issues are
associated in the LGSP-3. Several Actors associated with the process are actively monitoring
the environment and social safeguards compliance issues are being implemented during
planning and implementation of several schemes in the UPs and Pourashava level. The
monitoring activities are associated in the Upazila level, District level and from PMU level.
In the reporting period (July-December 2019), most of the Unions Ward Committees have
filled up the formats of schemes screening. The scheme implementation has been started in
all UPs and PSs, throughout the country. As per UP Operational Manual, there is an
arrangement for grievance redress for UPs in implementing schemes under LGSP-3. Any
person or group of person can complain on selection of scheme, planning and
implementation, Procurement, environmental and social safeguard etc. No irregularity has
occurred in the implementation process and thereby with no grievance has been noticed.
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Overall Compliance and Lapses
The review found that there has been significant progress in responding to compliance of
environment and social safeguard. The UPs have been ensuring ESMF by the support of
DDLG, DF and particularly the UPOM has been guiding the field of LGSP-3. The
community/concerned people are aware on this issue; committees like WC and SSC is
involving with the schemes implementation process to ensure safeguard. However, to ensure
more accountability the concern Specialists are on board to monitor and review the
compliance process in the field.
Resourcing: The environmental and social management team (Specialist, DF etc.) are or
board; Investigations: Compliance Action Plan: An action plan to address potential non-
compliances are checked. Monitoring program: A more comprehensive and expansive
monitoring program and data management system have been developed. Waste Management:
Investigations are checked to improve the waste management system and relocate the existing
landfill; Air and water pollution: Investigations are undertaken to improve the situation where
necessary. Workshop and Training: Environment management workshop has been
undertaken both at PMU and Division level, regular training to staff and workforce on
environment has been imparted and in the process of implementation under LGSP-3.
Conclusion and Recommendation
LGSP-3 ensures the environmental and social safeguard compliance under its Environmental
and Social Management Framework (ESMF) to enhance positive environmental & social
outcomes and to mitigate adverse environmental impact. According to ESMF, environmental
& social assessment and the mitigation of negative impacts are essential part of LGSP-3
during Scheme selection, design, implementation and monitoring. It is considered to be the
umbrella safeguard policy to identify, avoid, and mitigate the potential negative
environmental and social impacts associated with World Bank lending operations.
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Chapter-1: Introduction
1.1 Purpose of the Report
IDA Credit No. 5946-BD, the Local Governance Support Project (LGSP-3), and
commencement period ranges from 2017 to 2021. The present report is the Bi-annual
Safeguard Monitoring Report under the credit. The “World Bank Policy on Access to
Information” (BP 17.5) references the World Bank's Environmental Safeguard Policy
Statement (ESPS 2009) in respect to information disclosure related to project safeguard
documentation, Project Appraisal Document (PAD) and as per recommendations made by the
Implementation Support Mission, during October 201o8, Aide Memoire that the Project
Management Unit (PMU) of LGSP-3 will finalize the 'Bi-annual Environmental Report' and
will submit to the World Bank.
This report compiles environmental monitoring results to comply with the spirit of World
Bank policy to “Enhance stakeholders’ trust in and ability to engage with the World Bank
and thereby increase the development impact [of projects]” in which disclosure of safeguard
monitoring is a prominent aspect.
1.2 Project Background and Approach
The Union Parishad (UP) is the lowest government administrative tier in Bangladesh
responsible for the rural local governance. The Local Government Division (LGD) of the
Ministry of Local Government, Rural Development and Cooperatives (MLGRD&C)
conducted a number of pilot projects to explore the initiatives on fiscal devolution and
reforms of local government system with dynamic community participation. Based on the
positive results of those projects, the Local Governance Support Project (LGSP) was
implemented under the funding agencies of the World Bank, UNCDF, UNDP, DANIDA
and the European Union (EU).
Local Governance Support Project (LGSP-3) is the follow up project of LGSP-II is
implementing by the Local Government Division (LGD) under the Ministry of LGRD&C to
enhance the sustainability of the formula-based UP fiscal transfer system. LGSP-3 has been
designed for all UPs in Bangladesh. The project is from 2017 to 2021 (five years) and funded
jointly by the Government of Bangladesh and the World Bank (WB). The project
development objective is to enhance the sustainability of the formula-based UP fiscal transfer
system. The main component of LGSP-3 is “Institutionalization of UP Fiscal Transfers” out
of 4 (four) components and will be implemented in all UPs of Bangladesh by providing Basic
Block Grants (BBGs). On the basis of the decisions of Block Grant Coordination Committee
(BGCC) meeting presided by concern UNO, the allocated funds from LGSP-3 have been
utilized through development schemes. The list of schemes/revised schemes have been
reviewed in the meeting, which had scrutinized and recommended by the WC and approved
by the UP. On the basis of indicators set in the OM, the UP performed. The WC met in a
meeting for scheme preparation and prepared schemes implementation plan. Under plan and
review process before approval the WC screened the social and environmental compliance
issues for the scheme.
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During the implementation phase the proper monitoring and evaluation processes has been
conducted and ensured, where the respective team (SSC) has reviewed the safeguard
compliance issues.
1.3 Objective of LGSP-3
The project development objective is to institutionalize the formula-based UP fiscal transfer
system and introduce Expanded Block Grants (EBG) to Pourashavas on a pilot basis. The
components are: (a) Institutionalization of UP Fiscal Transfers; (b) Audit & Performance
Assessments and Management Information Systems (MIS); (c) Piloting Expanded Block
Grants (EBGs) to Pourashavas; and (d) Capacity Building and Project Implementation
Support.
1.4 Scheme Description and Updates
The schemes proposed from UPs have been funded based on a formula for utilization of
BBG. LGSP-3 allocates 25% of the BBG equally to all UPs, and the remaining 75% on the
basis of population size and their area with weights of 90% (based on population) and 10%
(based on area) respectively. The UP Operations Manual (UPOM) has provision to do open
budget sharing meeting each year in April to discuss in-detail with the community. The UP
chairmen chair the concern meetings and distribute printed copies of draft budget among the
Ward Members and participants in the meeting. The UP authorities display their current
budget in their respective notice board as part of information sharing. LGSP-3 has disbursed
first trench BBG in the FY 2018-19, an amount of Taka 435 Crore to 4569 UPs and disbursed
fund for implementation of following schemes:
• Communication facility improvement
• Health improvement
• Education support
• Agriculture and irrigation facilities improvement
• Drainage system improvement
• Sports and cultural activities
• Information and Support Services
• Water supply and sanitation
The land based schemes are mainly liable to environmental or social degradation and these
type of schemes are considered for the environmental and social safeguard compliance. Most
of the land based schemes under LGSP-3are required to undertake screening. The land based schemes are of categories; (i) newly constructed, (ii) improved, (iii) renovated and (iv) other
types of land based schemes like drainage, irrigation channels etc.
Out of 64,435 schemes planned for implementation in 2017-18 FY, where 59,131 schemes
have been implemented as of December 31, 2018; accordingly almost 92% progress has been
achieved, as follows:
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Sl
#
Division District Upazila UP # of
Scheme
Implemented Progress
(%)
1 Rajshahi 8 67 565 8260 7491 91
2 Khulna 10 59 581 9948 9602 97
3 Dhaka 13 88 885 11773 10885 92
4 Chittagong 11 103 958 11097 9912 89
5 Barisal 6 42 356 5858 5451 93
6 Sylhet 4 40 338 4690 4366 93
7 Rangpur 8 58 535 7860 7231 92
8 Mymensingh 4 35 351 4949 4193 85
Total 64 492 4,569 64,435 59131 92
1.5 Project ESMF: Regulatory and Policy Compliance Requirements
The LGSP-3 is implementing in compliance with applicable existing environmental laws and
regulations. Bangladesh has an environmental legal framework that is conducive to both
environmental protection and natural resources conservation. A wide range of environment
and social laws with regulations are available in Bangladesh and some of those are applied
activities supported by the LGSP-3.
According to Union Parishad Act 2009, the Union Parishad has provision to form Ward
Committees with all type of stakeholders, emphasize on women and poorer community for
participatory development. The schemes of LGSP-3 have been following the provision for
environmental and social protection in screening by WC. As per sample received from UPs,
there is no industrial project implemented by the UPs during the period by utilizing BBG.
Therefore no environmental clearance is necessary.
The Ministry of Local Government, Rural Development and Cooperatives (MLGRD&C)
prepared the environmental and social safeguard guidelines namely, ‘Environmental and
Social Management Framework (ESMF)’ for supporting the Union Parishad and the
community people to deal with potential environmental and social safeguard issues during
planning and implementation of schemes under LGSP-3. To improve surrounding
environmental situation and to ensure social safeguard issues and to mitigate adverse
environmental impacts, the ESMF document will work as a guide. According to ESMF,
environmental and social assessment and mitigation of adverse impacts are essential part
of LGSP-3 during scheme selection, design, implementation and monitoring.
The schemes, considered under Basic Block Grants (BBGs), are to ensure environmental
and social situations’ improvement. However, to avoid any potential adverse
environmental and social impacts, all prospective schemes are subjected to environmental
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screening as per set questionnaire in the ESMF document as well as in the Operation
Manual of LGSP-3. The schemes that may cause environmental and social degradation are
normally kept out of list under LGSP-3.
Evidently, the necessary screening processes need to be ensured before planning and
implementing the schemes. Accordingly mitigation measures need to be taken before approval
and during the implementation phase.
1.6 Objectives and Scope of the Safeguards Compliance Review
The World Bank (WB) Technical Supervision Mission during February and October 2018
addressed the environmental and social safeguard compliance process followed by the UPs
and PSs in utilizing BBG. The operational manual of UPs and the targeted Pourashavas have
been finalized and distributed already and adopted in the UPs and Pourashavas. The
Environment and Social Safeguard Specialist has been continuously monitoring the progress
of works as well as the environmental safeguard formats filled up by the UPs and PSs
through the DFs in the District level. The monitoring was also with the field supervisions by
different level of Officials and Consultants of PMU, LGSP.
The environmental and social safeguard review works are now implemented by the PMU
through the Sr. Environment and Social Safeguards Specialist (SESSS) and through the field
level District facilitators (DF) who are also being supported by the SESSS. The engaged
Audit firms and the Audit Review firms are also checking the environment and social
safeguard formats are filled up by the EC and SSC associated with the LGSP-3. The DFs are
also monitoring regularly the safeguard formats are filled up properly by the UP personnel
during planning and implementation of schemes under LGSP-3. The environmental and
social safeguards management and the review activities are associated with the following:
• Institutional representations in scheme selection, review and approval
• Nature of schemes undertaken (land based versus non-land based schemes);
• Schemes screening process and the available tools;
• Assess the environmental and social compliance in view of the operations manual;
• Assess the participation process and compliance with the operations manual;
• Assess the documentation process;
• Availability of GRM and GRCs;
• Citizen satisfaction over environment and social safeguards;
• Identify any lapses and devise corrective measures for safeguards compliance of the
completed schemes; and
• Prepare a report on the process, findings and recommendations to share with LGD and
the Bank for review and further action.
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1.7 The Environment and Social Safeguard Monitoring Team
The Project Director PMU directly supervises the safeguard monitoring through the set of
organizations and individual consultants.
Project Director, LGSP
Government (LGD) Officials LGSP-3 Consultants
Government
Officials at PMU
level
Government
Officials at
District level
Government
Officials at
Upazila level
Consultants at
PMU level
Consultants at
Field level
• Deputy Project
Director-1
(Administration,
Finance and
Procurement)
• Deputy Project
Director-2
(Field
Operation)
• Assistant Project
Director-APD.
• Deputy
Director,
Local
Government
(DDLG) at all
64 Districts.
• Upazila
Nirbahi
Officer –
UNO at all
480 Upazilas
• Upazila Nirbahi
officer at
Upazila level
(UNO)
• Different
Government
Technical
Personnel at
Upazila level
Senior Consultants
and Consultants
and Associate
Consultants at
PMU level in the
fields like;
• Local
Government
• Grant
Management
• Financial
• Capacity
Building
• Procurement
• Audit
• Safeguards
District
Facilitators (DF) at
District level
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Chapter-2: Policy Framework
The proposed LGSP-3 will be implemented in compliance with applicable existing
environmental laws and regulations. Bangladesh has an environmental legal framework that
is conducive to both environmental protection and natural resources conservation. A wide
range of cross sectoral environment and social related laws and regulations are in place in
Bangladesh and few of those may apply to activities supported by the LGSP-3, institutional
arrangement and national and sub-national level, and World Bank safeguard policies.
2.1 National Environmental Laws and Regulations
Union Parishad Act 2009 and Pourashava Act 2009 36. Those acts provide contents,
structures and other relevant issues such as water supply, communication, waste management
etc. It also recognizes the public disclosure, inclusion, participation and environmental
protection in the development agenda. The union Parishad has provision to form ward
committees and Pourashava the town committee involving all types of stakeholders, women
and poorer community for participatory development. National
Environmental Policy 1992
The concept of environmental protection through national efforts was first recognized and
declared in Bangladesh with the adoption of the Environmental Policy, 1992 and the
Environment Action Plan, 1992. The major objectives of Environmental policy are to i)
maintain ecological balance and overall development through protection and improvement of
the environment; ii) protect country against natural disaster; iii) identify and regulate
activities, which pollute and degrade the environment; iv) ensure environmentally sound
development in all sectors; v) ensure sustainable, long term and environmentally sound base
of natural resources; and vi) actively remain associated with all international environmental
initiatives to the maximum possible extent.
Environment Conservation Rules (ECR) 1997 amended 2003
These are the first set of rules, promulgated under the Environment Conservation Act 1995.
Among other things, these rules set (i) the National Environmental Quality Standards for
ambient air, various types of water, industrial effluent, emission, noise, vehicular exhaust
etc., (ii) requirement for and procedures to obtain Environmental Clearance, and (iii)
requirements for IEE/EIA according to categories of industrial and other development
interventions. However, the rules provide the Director General a discretionary authority to
grant ‘Environmental Clearance' to an applicant, exempting the requirement of site/location
clearance, provided the DG considers it to be appropriate. Presently, "EIA Guidelines for
Industries" published by the Department of Environment and the "Environment Conservation
Rules 1997” are the formal documents providing guidance for conducting Environmental
Assessment. Any proponent planning to set up or operate an industrial project is required to
obtain an "Environmental Clearance Certificate" from the Department of Environment
(DoE), under the Environment Conservation Act 1995 amended in 2002. 39. The first step of
obtaining Environmental Clearance for the project the proponent is to apply for it in
prescribed form, together with a covering letter, to the Director/Deputy Director of respective
DoE Divisional Offices. The application should include a project feasibility study report, the
16
EIA report, No Objection Certificate (NOC) of the local authority; Mitigation Plan for
minimizing potential environmental impacts; and appropriate amount of fees in ‘treasury
chalan’ (in the present case the amount is BDT 50,000). The DOE authority reserves the right
to request additional information, supporting documents, or other additional materials for the
proposed project. Under the conditions specified in the Environment Conservation Rules-
1997, the DoE Divisional Authority must issue environmental site clearance certificates
within 60 working days from the date of submitting the application, or the refusal letter with
appropriate reasons for such refusal. The clearance issued remains valid for a one-year period
and is required to be renewed 30 days prior to its expiry date.
Environment Conservation Rules-1997 ensures the right of any aggrieved party to appeal
against the notice order or decision to the appellate authority. The appeal should be made to
the appellate authority with clear justification and the attested copy of the specific notice,
order, or decision of the respective DoE office against, which the appeal is to be made.
Prescribed fee is to be paid through treasury Chalan of BDT 50,000 and the relevant papers
for the appeal must be placed. 41. Rule 7 of Environment Conservation Rules (ECR) has
classified the projects into following four categories based on their site conditions and the
impacts on the environment; (a) Green, (b) Orange A, (c) Orange B and (d) Red. Various
industries and projects falling under each category have been listed in schedule 1 of ECR
1997. According to the Rules, Environmental Clearance Certificate is issued to all existing
and proposed industrial units and projects, falling in the Green Category without undergoing
EA. However, for category Orange A and B and for Red projects, require location clearance
certificate and followed by issuing of Environmental Clearance upon the satisfactory
submission of the required documents. Green listed industries are considered relatively
pollution-free, and therefore do not require site clearance from the DoE. On the other hand,
Red listed industries are those that can cause 'significant adverse' environmental impacts and
are, therefore, required to submit an EIA report. These industrial projects may obtain an
initial Site Clearance on the basis of an IEE based on the DoE’s prescribed format, and
subsequently submit an EIA report for obtaining Environmental Clearance. Figure 1 shows
the process of application leading to environmental clearance for all four categories of
projects.
17
Figure 1: Process of application for environmental clearance in Bangladesh
Source: The Environment Conservation Rules (ECR), 1997, Bangladesh
Public Procurement Rule (PPR), 2008
This is the public procurement rules of Bangladesh and this rule shall apply to the
Procurement of Goods, Works or Services by any government, semi-government or any
statutory body established under any law. The rule includes the adequate measure regarding
the “Safety, Security and Protection of the Environment’ in the construction works. This
clause includes mainly, the contractor shall take all reasonable steps to (i) safeguard the
health and safety of all workers working on the Site and other persons entitled to be on it, and
to keep the Site in an orderly state and (ii) protect the environment on and off the Site and to
18
avoid damage or nuisance to persons or to property of the public or others resulting from
pollution, noise or other causes arising as a consequence of the Contractors methods of
operation. Bangladesh Labor Act, 2006
This Act pertains to the occupational rights and safety of factory workers and the provision of
a comfortable work environment and reasonable working conditions. In the chapter VI of this
law safety precaution regarding explosive or inflammable dust/gas, protection of eyes,
protection against fire, works with cranes and other lifting machinery, lifting of excessive
weights are described. And in the Chapter VIII provision safety measure like as appliances of
first aid, maintenance of safety record book, rooms for children, housing facilities, medical
care, group insurance etc. are illustrated.
National Land-use Policy, 2001
The Government of Bangladesh has adopted national Land use Policy, 2001. The salient
features of the policy objectives relevant to the proposed are as follows:
• To prevent the current tendency of gradual and consistent decrease of cultivable land
for the production of food to meet the demand of expanding population;
• To ensure that land use is in harmony with natural environment;
• To use land resources in the best possible way and to play supplementary role in
controlling the consistent increase in the number of land less people towards the
elimination of poverty and the increase of employment;
To protect natural forest areas, prevent river erosion and destruction of hills;
• to prevent land pollution; and
• to ensure the minimal use of land for construction of both government and
nongovernment buildings.
GOB Laws on Land Acquisition
The principal legal instrument governing land acquisition in Bangladesh is the Acquisition
and Requisition of Immovable Property Ordinance, 1982(Ordinance II of 1982 with
amendments up to 1994) and other land laws and administrative manuals relevant to land
administration in Bangladesh. According to the Ordinance, whenever it appears to the
Government of Bangladesh that any property in any locality is needed or is likely to be
needed for any public purpose or in the public interest, the Government can acquire the land
provided that no property used by the public for the purpose of religious worship, graveyard
and cremation ground. The 1982 Ordinance requires that compensation be paid for (i) land
and assets permanently acquired (including standing crops, trees, houses); and (ii) any other
damages caused by such acquisition. The Deputy Commissioner (DC) determines (a) market
value of acquired assets on the date of notice of acquisition (based on the registered value of
similar property bought and/or sold in the area over the preceding 12 months), and (b) 50%
premium on the assessed value (other than crops) due to compulsory acquisition. The 1994
amendment made provisions for payment of crop compensation to tenant cultivators.
19
Bangladesh National Building Code, 1993
The basic purpose of this code is to establish minimum standards for design, construction,
quality of materials, use and occupancy, location and maintenance of all buildings within
Bangladesh in order to safeguard, within achievable limits, life, limb, health, property and
public welfare. The installation and use of certain equipment, services and appurtenances
related, connected or attached to such buildings are also regulated herein to achieve the same
purpose. Part-7, Chapter-3 of the Code has clarified the issue of safety of workmen during
construction and with relation to this, set out the details about the different safety tools of
specified standard. In relation with the health hazards of the workers during construction, this
chapter describes the nature of the different health hazards that normally occur in the site
during construction and at the same time specifies the specific measures to be taken to
prevent such health hazards. According to this chapter, exhaust, ventilation, use of protective
devices, medical checkups etc. are the measures to be taken by the particular employer to
ensure a healthy workplace for the workers. Section 1.4.1 of chapter-1, part-7 of the
Bangladesh National Building Code (BNBC), states the general duties of the employer to the
public as well as workers. According to this section, “All equipment and safeguards required
for the construction work such as temporary stair, ladder, ramp, scaffold, hoist, run way,
barricade, chute, lift etc. shall be substantially constructed and erected so as not to create any
unsafe situation for the workmen using them or the workmen and general public passing
under, on or near them”. Part-7, Chapter -1 of the BNBC clearly sets out the constructional
responsibilities according to which the relevant authority of a particular construction site shall
adopt some precautionary measures to ensure the safety of the workmen. According to
section 1.2.1 of chapter 1 of part 7, “in a construction or demolition work, the terms of
contract between the owner and the contractor and between a consultant and the owner shall
be clearly defined and put in writing. These however will not absolve the owner from any of
his responsibilities under the various provisions of this Code and other applicable regulations
and bye-laws. The terms of contract between the owner and the contractor will determine the
responsibilities and liabilities of either party in the concerned matters, within the provisions
of the relevant Acts and Codes (e.g.) the Employers' Liability Act, 1938, the Factories Act
1965, the Fatal Accident Act, 1955 and Workmen's Compensation Act 1923”. (After the
introduction of the Bangladesh Labor Act, 2006, these Acts have been repealed). 48. To
prevent workers falling from heights, the Code in section 3.7.1 to 3.7.6 of chapter 3 of part 7
sets out the detailed requirements on the formation and use of scaffolding.
According to section 3.9.2 of the same chapter, “every temporary floor openings shall either
have railing of at least 900 mm height or shall be constantly attended. Every floor hole shall
be guarded by either a railing with toe board or a hinged cover. Alternatively, the hole may
be constantly attended or protected by a removable railing. Every stairway floor opening shall
be guarded by railing at least 900 mm high on the exposed sides except at entrance to
stairway. Every ladder way floor opening or platform shall be guarded by a guard railing with
toe board except at entrance to opening. Every open sided floor or platform 1.2 meters or
more above adjacent ground level shall be guarded by a railing on all open sides except
where there is entrance to ramp, stairway or fixed ladder. The precautions shall also be taken
near the open edges of the floors and the roofs”.
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2.2 World Bank Safeguard Policies
The objective of the World Bank policy is to prevent and mitigate undue harm to people and
their environment in the development process. Safeguard policies provide a platform for the
participation of stakeholders in project design, and act as an important instrument for building
ownership among local populations. The effectiveness and development impact of projects
and programs supported by the Bank has substantially increased as a result of attention to
these policies. The World Bank has ten environmental, social, and legal safeguard policies.
The relevant policy for environmental safeguard is OP/BP 4.01 Environmental Assessment.
Beside it, the project will have simple guideline to use volunteer public land contribution to
acknowledge and to ensure access of all kind of people.
Operational Policies (OP) are the statement of policy objectives and operational principles
including the roles and obligations of the Borrower and the Bank, whereas Bank Procedures
(BP) is the mandatory procedures to be followed by the Borrower and the Bank. Apart from
these, the IFC guidelines for Environmental Health and Safety have been adopted by the
World Bank Group which is also relevant for environmental protection and monitoring. In
addition to that the Policy on Access to Information of World Bank also relates to
environmental safeguard. The environmental safeguard and access to information policy as
well as the IFC guidelines are discussed below:
OP/BP 4.01 Environmental Assessment
This policy is considered to be the umbrella safeguard policy to identify, avoid, and mitigate
the potential negative environmental and social impacts associated with Bank lending
operations. In World Bank operations, the purpose of Environmental Assessment is to
improve decision making, to ensure that project options under consideration are sound and
sustainable, and that potentially affected people have been properly consulted. The borrower
is responsible for carrying out the EA and the Bank advises the borrower on the Bank’s EA
requirements. The Bank classifies the proposed project into three major categories, depending
on the type, location, sensitivity, and scale of the project and the nature and magnitude of its
potential environmental impacts: Category A: The proposed project is likely to have
significant adverse environmental impacts that are sensitive, diverse, or unprecedented. These
impacts may affect an area broader than the sites or facilities subject to physical works.
Category B: The proposed project’s potential adverse environmental impacts on human
population or environmentally important areas-including wetlands, forests, grasslands, or
other natural habitats- are less adverse than those of Category A projects. These impacts are
site specific; few if any of them are irreversible; and in most cases mitigation measures can
be designed more readily than Category A projects. Category C: The proposed project is
likely to have minimal or no adverse environmental impacts.
OP/BP 4.04 Natural Habitats
The conservation of natural habitats is essential for long-term sustainable development. The
Bank therefore supports the protection, maintenance, and rehabilitation of natural habitats
and their functions in its economic and sector work, project financing, and policy dialogue.
The Bank supports, and expects borrowers to apply, a precautionary approach to natural
resource management to ensure opportunities for environmentally sustainable development.
The Bank does not support projects that involve the significant conversion or degradation of
critical natural habitats.
21
OP/BP 4.11 Physical Cultural Resources
Physical cultural resources are defined as movable or immovable objects, sites, structures,
groups of structures, and natural features and landscapes that have archaeological,
paleontological, historical, architectural, religious, aesthetic, or other cultural significance.
Their cultural interest may be at the local, provincial or national level, or within the
international community. Physical cultural resources are important as sources of valuable
scientific and historical information, as assets for economic and social development, and as
integral parts of a people's cultural identity and practices. The Bank assists countries to avoid
or mitigate adverse impacts on physical cultural resources from development projects that it
finances. The impacts on physical cultural resources resulting from project activities,
including mitigating measures, may not contravene either the borrower's national legislation,
or its obligations under relevant international environmental treaties and agreements. The
borrower addresses impacts on physical cultural resources in projects proposed for Bank
financing, as an integral part of the environmental assessment (EA) process.
2.3 Implications of National Policies and Regulations on LGSP-3
The Environmental Conservation Rules (ECR) 1997 (DoE, 1997) classifies projects into four
categories according to potential environmental impacts: (1) Green; (2) Orange A; (3) Orange
B; and (4) Red. Green category projects are those with mostly positive environmental impacts
or negligible negative impacts; ‘Orange A’ category projects are those with minor and mostly
temporary environmental impacts for which there are standard mitigation measures; ‘Orange
B’ category project are those with moderately significant environmental impacts; while Red
category projects are those with significant adverse environmental impacts. As discussed in
Section 3.1, most of the Schemes to be implemented under LGSP-3 would fall either under
Orange A or Orange B category; a few would fall under Green category, and none are likely
to fall under Red category. 55. For projects categorized as ‘Orange B’, according to ECR
1997, a feasibility report and an IEE, an NOC from local authority would be required to
obtain site clearance and environmental clearance certificate. For projects categorized as
‘Orange A’, the feasibility and IEE report will not be essential. The BNBC, PPR 2008,
Bangladesh Labor Act 2006 outlines guidelines for ensuring worker’s health and safety
during construction works which would have direct implications in LGSP-3. It would be the
responsibilities of the contractors (with supervision of UPs/PSs) to make sure that these
guidelines are followed in the workplace environment (where needed).
According to WB Operational Policy (OP 4.01), the nature of environmental assessment to be
carried out for a particular Scheme would largely depend on the category of the Scheme. As
mentioned earlier, The World Bank Operational Policy (OP) 4.01 classifies projects into three
major categories (category A, B and C), depending on the type, location, sensitivity and scale
of the project, and nature and magnitude of potential impacts. 57. The Schemes to be
implemented under the LGSP-3 do not involve large-scale infrastructure development (e.g.
construction of sanitary landfill, water or wastewater treatment plant, major highways). The
Schemes would involve either minimum or no involuntary land acquisition. Thus, the
Schemes to be carried out do not appear to pose risk of significant adverse environmental
impacts. In view of Schemes nature, the overall project is classified as a ‘Category B’ and the
safeguard policy OP/BP 4.01 has been triggered for the proposed operation. The policy has
been triggered to ensure that the Scheme design and implementation will be focused on
22
reducing adverse impacts and enhancing positive impacts. 58. It is highly unlikely that any
natural habitat formed largely by native plant and animal species will be affected or modified
by the Schemes activities to be implemented under LGSP-3 because most of the
infrastructure development works are small-scale and will take place in the built
environments of Pourashavas adjacent to various other infrastructures and Union Parishad
(UP). However, the ESMF stipulated the code of practice on natural habitat as advance
precautionary measures and Natural Habitats (OP/BP 4.04) has been triggered. 59. Also it is
unlikely that any designated physical cultural resources will be affected by the Schemes.
However, the impacts will be examined as part of the environmental screening/assessment of
each Scheme. The ESMF provided criteria for screening and assessment of physical cultural
resources. In addition, ‘Chance find’ procedures conforming to local legislation on heritage
would be evaluated that any physical or cultural resources will not be impacted. OP 4.11
(Physical Cultural Resources) has been triggered. 60. The IFC guidelines provides guidance
on certain EHS issues which include standards for environmental parameters (ambient air
quality, water and wastewater quality, noise level, waste management), hazard and accident
prevention, occupational and community health and safety (during commissioning and
decommissioning works) etc. These guidelines will be directly applicable to the LGSP
project. As a general rule, the IFC guidelines should complement the existing Bangladesh
guidelines or standards. In case the Bangladesh guidelines or standards differ from the IFC
guidelines, project is expected to follow the more stringent ones.
2.5 LGSP Operation Manual
The Operations Manual both for Unions and Pourashavas has been developed under LGSP-3.
The OPs have been formulated, following the Environmental Conservation Act 1995,
Environmental Conservation Rules 1997 and environmental & social safeguard policies
under the World Bank, and specifically, the ESMF document has been followed to set up
different formats developed for the environment and social safeguard compliances for each
and every scheme under different Unions and Pourashavas throughout the country. .
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Chapter 3 Environmental and Social Safeguards Monitoring
3.1 Institutional Arrangement and Responsible Bodies
The Project Director is the head of PMU responsible to ensure environmental and social
management framework in implementing schemes through UPs by utilizing LGSP-3 funds.
The Deputy Project Director (Field Operation) is assisting the PD in the process. The
Safeguard specialist will coordinate the activities from PMU by the instruction of DPD and
PD. The Deputy Director, Local Government (DDLG) of each District coordinates the
activities of UPs under the District by the assistance of District Facilitator (DF). The
UNO/TNO is supervising the activities of UPs under his/her Upazila/Thana. And at the UP
level Chairman is responsible to implement the schemes and ensure required safeguards.
The District Coordination Committee headed by DC coordinating the development activities
of UPs. The Block Grant Coordination Committee (BGCC) at Upazila also monitoring the
activities. At the UP level, Ward Committee (WC), Scheme Supervision Committee (SSC) is
engaged in screening the proposal of schemes in line with ESMF. The composition and
selection process of WC and SSC is described below-
3.2 Environmental and Social Safeguard as per Operation Manual
The environmental and social framework (ESMF) has been prepared based on experiences
shared with the UPs and PSs throughout the country, and consultation with all level of
stakeholders. The environmental assessment of the Schemes to be implemented under LGSP-
3 needs to be carried out following the provisions of the Environment Conservation Rules
1997 (GoB, 1997), and the relevant World Bank Operational Policies (e.g. OP 4.01
Environmental Assessment). The environmental assessment requirements under these
provisions vary significantly depending on the category of the Schemes.
3.2.1 Schemes Types and Categories
The category of a Scheme (according to WB and GOB guidelines) is an important
determinant with regard to the requirements of its environmental assessment. The Schemes to
be implemented under the LGSP-3 include the following: (1) Road Communication &
Transportation (Improvement of Tertiary and secondary level roads, tertiary and secondary
level culverts and bridges and Footpaths etc.); (2) Water Supply (Tube wells, Water point
rehabilitation, Dug Wells and Ring Wells with Hand pumps, Spring protection in hill areas,
Community reservoirs, Water harvesting facilities, Water treatment plants and Piped water
supplies etc.); (3) Health (Health centers improvement etc.); (4) Sanitation and Waste
Management (Public toilets/pit latrines, Soak pits and septic tanks; waste composting sites;
Waste disposal facilities etc.); (5) Agriculture and Markets (Animal Health Facilities
(Vaccination yards, Tick dips etc.); Post-harvest handling facilities; Slaughterhouses and
yards; Agro-processing facilities; Construction of market places including Livestock markets;
Fish landing sites; Seasonal Earth dams and Terracing in hilly areas etc.); (6) Education
(Construction of classrooms etc.); (7) Energy (Solar Power System; Biogas etc.); (8) Natural
Resource Management (Afforestation, Community Based projects on public land;
Community tree nurseries; Anti-erosion interventions e.g., Slope, Stream and river bank
protection etc.). The Schemes to be implemented in different UPs and PSs under the LGSP-3
along with all anticipated Environmental Impacts and their Mitigation Measures as required.
24
3.3 Environmental Screening of Schemes
For proper environmental assessment, it is important that a Scheme is clearly defined by the
project proponent (i.e. UPs and PSs). The key information required for describing a particular
Scheme would vary depending on the type of Scheme. The location map of the proposed
Scheme should cover the entire physical extent of the Scheme and its surrounding areas; the
location of larger Schemes could be identified on the map of the PS and UP (if possible). All
the Schemes to be funded under LGSP-3 will be subject to an environmental screening in
order to prevent execution of projects with significant adverse environmental impacts. The
purpose of “environmental screening” is to get a preliminary idea about the degree and extent
potential environmental impacts of a particular Scheme, which would subsequently be used
to assess the need for further environmental assessment. In view of these objectives,
environmental and social assessment and mitigation of adverse impacts will be an integral
part of selection, design, implementation, and monitoring of the individual schemes. The
following principles will apply in the Scheme selection and implementation process:
• UP/WC and PS/WC/WLCC will undertake community consultation before the selection of specific Schemes about their objectives, scopes, and any temporary or
permanent environmental & social implications, especially with regard to the use of
private and public lands. Community consultations will in particular include the
people who might be affected directly.
• All proposed Schemes will be verified to avoid Schemes under negative list. UPs and PSs are responsible to verify the negative list in the operation manual.
• The UPs and PSs will not select Schemes that may require land acquisition and will try to keep the development works limited to improvement of the existing
infrastructure, and use their own or other public lands to build new Schemes.
• All proposed Schemes shall be subjected to environmental and social screening in order to identify all potential environmental and social issues and prevent Schemes
that would cause significant negative impacts on the environment and people.
WC/WLCC will assess both the environmental and social impact of land based
Schemes to know the impact.
• In case of public land, the Scheme will be preferable. If public land is in use for household purpose, community will motivate to hand over considering the greater
welfare of the society. If the land is in use of poor household and vital for livelihood,
some kind of socio-economic rehabilitation will be provided by the UPs and PSs.
• Where use of private land is essential for critical Schemes, UPs/PSs may seek voluntary-contribution from the concerned landowners.
In critical situation, traditional practice may often be used for private land donation to
compensate for losses faced by marginal; larger landowners contribute portions of land from
the adjacent plots sufficient enough to turn the bullock-powered tillers (as ewaz).
• A MoU will be signed with the private land contributor and UP/PS to ensure public
access for community based Schemes.
• Environmental and social impacts and mitigation measures will be an integral part of
review and monitoring of Schemes through the reporting chain involving the WC,
WLCC, SSC, UP, PS, PMU-LGD and the World Bank.
25
• Also UP/PS cannot undertake any Schemes that significantly restricts access of
community especially the socio economically vulnerable members to common
property sources which is the source of their livelihood. The Participatory Scheme
selection process is as follows:
• Planning (schedule preparation, committee development)
• Primary information collection (community consultation, social mapping, wealth
being ranking etc. to understand the community need)
• Ward level meeting (draft Scheme list sharing and updating in presence of at least 5%
voter)
• Environmental and Social safeguard screening, assess social impact of land based
Schemes
• UP/PS Development planning (segregation of Schemes, priority by respective ward
committee and display for the community)
• Publish the 5-year long planning and budget in front of the community people.
3.4 Analysis of Alternatives
The primary objective of the “analysis of alternatives” is to identify the location/ design/
technology for a particular Scheme that would generate the least adverse impact, and
maximize the positive impacts. The analysis of alternatives should be carried out by the PSs
during formulation of Schemes. The nature of the analysis of alternatives would be different
for different Schemes. For example, for a storm drain Scheme, alternative route for the drain,
alternative design (e.g. earthen versus RCC drain), and alternative technology (e.g., manual
excavation versus mechanized excavation) are important considerations. For a road Scheme,
alternative route and alternative design (e.g. bituminous road versus RCC road) are important
considerations. In general, for any Scheme, the analysis of alternative should focus on:
(a) Alternative location or route;
(b) Alternative design and technology;
(c) Costs of alternatives; and
(d) No Scheme scenario.
Based on the guideline presented in the ESMF, the engineers should be able to carry out the
“analysis of alternatives” of different Schemes.
3.5 Need for Further Environmental Assessment
In general, the environmental screening process identifies what impacts will be generated and
what type of mitigation measures will be required for Schemes. Also the screening will help
in determining whether a proposed Scheme should be subjected to follow the Environmental
Code of Practices (ECoP) to mitigate/avoid the impacts or need further detail assessment with
preparation of separate environmental management plan. It will be applicable for the
Pourashavas. The level of environmental assessment (EA) of a Scheme would primarily
depend on the class/category of the Scheme according to OP 4.01 and ECR 1997. Most of
26
Schemes to be carried out under LGSP-3 could be classified as “Category B” according to
OP 4.01; while some of them may fall under “Category C”. On the other hand, most of the
LGSP-3 Schemes should be under Orange-A or Green category schemes as of the
Environment Conservation Rules (ECR) 1997; only a few are listed under Category “Orange
B” and those are under Pourashava. In Pourashava level some schemes may be under Orange
B” Category under Environment Conservation Rules (ECR) 1997 and Initial Environmental
Examination (IEE) and Environmental Management Plan (EMP) would be required; while
for Red Category Schemes, full-scale EIA (including EMP) would be required. No Orange-B
category scheme will be implemented by UP resulting to no IEE and IEA will be required for
Union Parishad. IEE and EIA will only be applicable for Pourashava.
3.6 Mitigation and Enhancement Measures
During construction phase, the overall impact assessment of the proposed Schemes to be
implemented at the UPs and PSs reveals that most of the adverse impacts could be minimized
or eliminated by adopting standard mitigation measures; there is also scope to enhance some
of the beneficial impacts to be generated from the proposed Schemes. During the operational
phase, the UP/PS (mainly the PSs) will be responsible for the operation and maintenance of
the infrastructure to be developed under the LGSP-3. Apart from regular operation and
maintenance, a number of issues would require special attention for reducing/avoiding
possible adverse environmental impacts. These include regular maintenance and management
of storm drains, and proper operation of fish landing sites to reduce risk of water pollution;
and proper operation and management of municipal/agro-processing facilities/cattle
market/slaughter house because of their potential implications on health and environment.
Disposal of solid and other wastes from fish market, cattle market and slaughter house could
also cause environmental pollution. Wastewater from slaughter house, if not properly
disposed, could bring about adverse health and environmental impacts.
3.7 Environmental Management Plan (EMP)
The primary objective of the environmental management plan (EMP) is to record
environmental impacts resulting from the Scheme activities and to ensure implementation of
the identified “mitigation measures”, in order to reduce adverse impacts and enhance positive
impacts. Besides, it would also address any unexpected or unforeseen environmental impacts
that may arise during construction and operational phases of the Schemes. The EMP should
clearly lay out: (a) the measures to be taken during both construction and operation phases of
a Scheme to eliminate or offset adverse environmental impacts, or reduce them to acceptable
levels; (b) the actions needed to implement these measures; and (c) a monitoring plan to
assess the effectiveness of the mitigation measures employed. The environmental
management program should be carried out as an integrated part of the project planning and
execution in case of Pourashava. It must not be seen merely as an activity limited to
monitoring and regulating activities against a pre-determined checklist of required actions.
Rather it must interact dynamically as a Scheme implementation proceeds, dealing flexibly
with environmental impacts, both expected and unexpected. For all Schemes to be
27
implemented under LGSP-3, the EMP should be a part of the Contract Document. The major
components of the EMP include:
• Mitigation and enhancement measures
• Monitoring plan
• Grievance redress mechanism
• Estimation of cost of EMP (mainly, environmental safeguard cost)
• Institutional arrangement for implementation of EMP
In addition, third party monitoring of environmental management, establishment of
Environmental Management Information System (EMIS), Special Environmental Clauses
(SECs) for inclusion in the bidding document, and training requirements for institutional
strengthening is required for running the project activities.
3.8 Environmental Code of Practice (ECoP)
The Environmental Code of Practice (ECoP) is prepared as a guideline for environment
management of the Schemes to be implemented under the MGSP which has been included
for LGSP-3 to apply for only Pourashavas. The main objective of an ECoP is to manage
construction operations in harmony with the environment in an effort to contribute to the
well-being of the community and the environment by:
• Minimizing pollution
• Sustaining ecosystems
• Conserving cultural heritage
• Enhancing amenity
3.9 Different Committees in the Process of Scheme Selection
3.9.1 Ward Committee (WC)
The Ward Committee (WC) is formed for all UPs at Ward level consisting of 7 members and
included at least 2 woman members. The committee members were elected from Ward
meeting by open voting. The WC is chaired by an elected male or female Ward Member. For
reserved seat the women member represents one WC by rotation basis. WC worked on local
level Scheme selection, implementation and ensured participation of community people. WC
assessed the environmental and social safeguard compliance and filled up ‘Environmental
and Social Screening’ formats.
3.9.2 Scheme Supervision Committee (SSC)
Ward level Scheme Supervision Committee (SSC) is formed consisting of 7 members
selected from the community people. Among them one Government officer has also
nominated by UNO or local community. The committee members were elected from ward
meeting by open voting. The SSC meetings were chaired by a chosen community member.
The SSC ensured the quantity and quality of implementation. SSC is responsible to ensure
environmental and social safeguard compliances during implementation and to fill up
‘Scheme Implementation Review Form’.
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3.9.3 Environmental and Social Screening
All the Schemes funded under LGSP-3 will be subject to an environmental screening in order
to prevent execution of projects with significant negative environmental impacts. The
purpose of “environmental screening” is to get a preliminary idea about the degree and extent
potential environmental impacts of a particular Scheme, which would subsequently be used
to assess the need for further environmental assessment. In view of these objectives,
environmental and social assessment and mitigation of negative impacts will be an integral
part of selection, design, implementation, and monitoring of the individual Schemes.
Accordingly environmental and social screening process for schemes conducted. The
following principles applied in the Scheme selection and implementation process:
• UP/WC undertake community consultation before the selection of specific Schemes about
their objectives, scopes, and any temporary and permanent environmental and social
implications, especially with regard to the use of private and public lands. Conduct
community consultations with the people who might be affected directly for the
implementation of the schemes.
• All proposed Schemes of negative list verified and rejected for implementation. UPs
performed its responsibility to verify the negative list.
• All proposed Schemes screened in order to identify all potential environmental and social
issues and prevented Schemes that would cause significant negative impacts on the
environment and people. WC/WLCC were assessed both the environmental and social
impact of land based Schemes to know the impact.
• The UPs had not selected Schemes that may require land acquisition and tried to keep the
development works limited to improvement of the existing infrastructure, and used their own
or other public lands to build new Schemes.
• In case of public land, the Scheme got preference. Public land in use for household purpose,
community motivated to hand over considering the greater welfare of the society. In case of
poor household and vital for their livelihood, UPs provided socio-economic rehabilitation.
• In case of private land, UPs arranged voluntary contribution from the concerned landowners
for schemes.
• In critical situation, traditional practice used for private land donation to compensate for
losses faced by marginal; larger landowners contributed portions of land from the adjacent
plots sufficient enough to turn the bullock-powered tillers (locally known as ewaz).
• MoU has signed with the private land contributor and UP to ensure public access for
community based Schemes.
• Environmental and social impacts and mitigation measures were the integral part of
review and monitoring of Schemes through the reporting chain involving the WC,
WLCC, SSC, UP, LGD, World Bank and other Development Partners.
• UP did not undertake any Schemes that significantly restricts access of community
especially the socio economically vulnerable members to common property sources
which is the source of their livelihood.
• UPs followed participatory scheme selection process through the following steps:
29
• Planning (schedule preparation, committee development)
• Primary information collection (community consultation, social mapping, wealth
being ranking etc. to understand the community need)
• Environmental and Social safeguard screening, assess social impact of land based
Schemes and preparation of draft Scheme list
• Ward level meeting (draft Scheme list sharing and updating in presence of at least 5%
voter)
• UP Development planning (segregation of Schemes, priority by respective ward
committee and display for the community)
• Publish the 5-year long planning and budget in front of the community people.
3.9.4 Outcomes from the Environmental and Social Screening
UPs followed all necessary screening process during planning and implementation of
schemes under LGSP-3. As per reports sent to PMU and discussion with the DF, only C
category schemes have been considered.
• As per sample reports the general information of scheme under part KA provided
properly. In part KHA, the required environmental information has provided, in some
cases not marked Yes or No by considering irrelevant for the scheme. The evaluation
part including environmental category has reported properly.
• In part GA, the social issues were addressed properly. In this section some irrelevant
portion not covered. All answer should be given if applicable. No major findings
detected on this part.
• In part GHA, Scheme Supervision Committee (SSC) reviewed and examined the
scheme properly during implementation. After supervision the committee members
signed the format with date.
• In Form 1 B: As per sample of safeguard compliance reports of schemes, the
concerned SSC properly conducted their supervision. The committee reported that
according to opinion of people the priority has given for selection of scheme and the
performance was satisfactory. All environmental and social issues have considered.
The reports duly signed by the SSC members.
They informed that only C category schemes have been approved, which have no social or
environmental risks. Accordingly screening of 100% schemes have been conducted and
implemented. They informed that ‘Not Applicable’ column may be inserted in the format.
Training and awareness programs may be taken to provide more attention on this issue. The
audit team can review the compliance format with more attention. On the basis of sample
review, meeting and discussions the following findings may be provided: Proper screening
has been conducted in planning, selecting and implementing the schemes. As per SSC report,
the opinions of majority people are reflected in selecting and implementing the schemes. In
some cases Safeguard Compliance Format not properly filled up by marking yes or no. The
concerned Committees should be more attentive in this respect.
The concerned DF and UP officials who are involved in the process should be trained up.
Initiative may be taken to conduct training program like TOT to cover the total field area. All
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concerned should be aware of safeguard compliance issues. DDLG and DF will ensure close
monitoring on this issue at the root level. The report should be linked with MIS of LGSP-3 to
ensure proper monitoring and supervision from the PMU. In future, some sample of rejected
reports should be reviewed to understand the field level situation on social and environmental
safeguard compliance. Sample may be reviewed on spot by the highest authority of PMU and
WB
3.10 Summary of Mitigation Measures and Costs
The UPs solved their little type risks by discussion with the concerned people. No major
mitigation measures were necessary for the schemes approved for implementation as these 11
C category schemes. Therefore no additional costs were involved.
3.11 Training and Awareness Activities
As per information gathered from LGSP-2 the UPs followed the environmental and social
safeguard process for screening and mitigation. The DDLG and DF of all districts are aware
about the environmental and social safeguard process. Accordingly, proper screening
processes are ensured by the UPs in implementing schemes. However, in some cases the
format is not filled up properly due to shortage of understanding. On the other hand some
additional activities will be required to follow ESMF for LGSP-3 schemes. Therefore training
and awareness campaign will be required to make the UPs fully capable of complying with
ESMF.
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Chapter-4 Environmental and Social Safeguard Status
4.1 Monitoring the Environment and Social Safeguard status
Arrangement has been made to monitor the environment and social safeguard issues are
associated in the LGSP-3. Several Actors associated with the process are actively monitoring
the environment and social safeguards compliance issues are being implemented during
planning and implementation of several schemes in the UPs and Pourashava level. The
monitoring activities are associated in the Upazila level, District level and from PMU level.
In the reporting period (July-December 2019), most of the Unions Ward Committees have
filled up the formats of schemes screening. The scheme implementation has been started in
all UPs and PSs, throughout the country.
4.2 The Safeguard Status as per District level reports.
The environment and social safeguard monitoring reports have been collected for the
reporting period (July-December 2018). In most of the UPs, the environmental safeguard
compliance issues are very minor or negligible, because; the scheme sizes are very small and
most of the schemes are of category-C schemes and those do not carry any reverse
environmental impacts. The District Facilitators (DFs of LGSP-3) are continuously
monitoring the environmental safeguard issues like, movement of school going children and
general mass during construction works, temporary water logging during construction works,
waste generation and management activities, water logging at either side of roads under
construction, water quality testing during implementation of water supply points, cutting of
trees along the road sides etc. The social impacts are also very minor during implementation
of schemes, because; most of the schemes are within the right of ways of the tertiary roads.
There are some grievances among the people who are still deprived from having their small
road schemes, but the people also know that the Union fund is very limited to implement all
the required and requested schemes within the small amount of fund. Among 64 Districts,
some complains wer
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